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Property disputes in Scotland

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Latest Property Disputes News

CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

The following Construction news provides comprehensive and up to date legal information on CPR changes and 130th and 131st practice direction updates—online civil claims, judicial review and whiplash reforms

Property Disputes weekly highlights—6 May 2021

Property Disputes weekly highlights—6 May 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—6 May 2021

A strict approach to vesting orders over land (Lizzium Ltd v Crown Estate Commissioners)

A strict approach to vesting orders over land (Lizzium Ltd v Crown Estate Commissioners)

The following Property Disputes news provides comprehensive and up to date legal information on A strict approach to vesting orders over land (Lizzium Ltd v Crown Estate Commissioners)

An analysis of the Housing Possession Mediation Service

An analysis of the Housing Possession Mediation Service

The following Dispute Resolution news provides comprehensive and up to date legal information on An analysis of the Housing Possession Mediation Service

Featured Property Disputes content

Rights of light claims

Rights of light claims

Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...

Trespass—claims and defences

Trespass—claims and defences

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Statutory compensation under the Landlord and Tenant Act 1954

Statutory compensation under the Landlord and Tenant Act 1954

Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...

Trespass—remedies

Trespass—remedies

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Practice notes

Rights of light—obstruction notices

This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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9th Nov
Practice notes

Lease variations—surrender and re-grant issues

The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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9th Nov
Practice notes

What happens to a lease when the tenant's liquidator disclaims?

This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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9th Nov
Precedents

Section 146 notice where Leasehold Property (Repairs) Act 1938 applies

Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
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9th Nov
Practice notes

Concurrent and reversionary leases

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Practice notes

Surrender by operation of law

A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...
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9th Nov
Practice notes

Discharging a charging order over land

This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...
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9th Nov
Practice notes

Notice to complete

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...
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9th Nov
tag iconCOVID-19
Practice notes

Successors in title—leases

The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...
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9th Nov
Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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9th Nov
Practice notes

Remedies for breach of restrictive covenants

Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
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9th Nov
Precedents

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...
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9th Nov
Practice notes

Specific performance of property agreements

If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....
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9th Nov
tag iconCOVID-19
Practice notes

Claims for use and occupation, mesne profits, double rent and double value

This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...
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9th Nov
Practice notes

Forfeiture of a lease

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov
tag iconCOVID-19 tag iconIn-house

Most recent Property disputes in Scotland content

Practice notes

The Electronic Communications Code—Scotland

This Practice Note sets out the extent of the new Electronic Communications Code (the ‘EC Code’) rights, how they arise—(ie by agreement made between...
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Produced in partnership with Alistair Drummond and Sandie Wang of DLA Piper Scotland 6th May
tag iconScottish Law
Practice notes

Keep open clauses in Scotland—drafting and enforcement

Coronavirus (COVID-19): Various local and national lockdown measures have required some commercial premises to close. Consideration should be given to...
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Produced in partnership with Jennifer Guy of Brodies LLP 29th Apr
Practice notes

Enforcement in Scottish civil litigation

This Practice Note considers enforcement in Scotland. For guidance on:•other aspects of Scottish civil litigation, see: Preliminary and ongoing...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 28th Apr
tag iconScottish Law
Practice notes

Interdict and interim interdict in Scottish civil litigation

This Practice Note considers the position on interdict and interim interdict in Scotland. For guidance on:•some other forms of relief in Scottish...
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Produced in partnership with Jim Cormack of Pinsent Masons 28th Apr
tag iconScottish Law
Practice notes

Coronavirus (COVID-19)—Scotland tracker

This table below contains an archive of news analysis on Scotland and Scots law developments of general application and those which affect various...
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26th Apr
tag iconScottish Law tag iconCOVID-19
Practice notes

Coronavirus (COVID-19) implications for dispute resolution in Scotland

This Practice Note provides guidance on how the Scottish civil courts are responding to and operating during the coronavirus (COVID-19) pandemic,...
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26th Apr
tag iconScottish Law tag iconCOVID-19
Practice notes

Commercial lease repair and dilapidation disputes in Scotland

This Practice Note considers repair obligations in commercial leases in Scotland, including interpretation of repair obligations, extraordinary...
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Produced in partnership with Lorna Richardson of The University of Edinburgh, David William John Bell of Harper Macleod and Jennifer Talbot of DLA 21st Apr
tag iconScottish Law
Practice notes

Jurisdiction in Scottish civil litigation

Brexit: The UK's departure from the EU has implications for practitioners considering jurisdiction. This Practice Note reflects the position up to and...
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Produced in partnership with Dr Kirsty Hood QC of Themis Advocates 8th Apr
tag iconScottish Law
Practice notes

The Lands Tribunal For Scotland (LTS)—Procedure and applications to vary or discharge title conditions

Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice and procedure have been introduced, which affect...
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Produced in partnership with Andrew Todd of Springfield Properties plc 8th Apr
tag iconScottish Law
Practice notes

Glossary of Scottish property words and expressions

This is a glossary of common words and expressions used in Scottish property law with the nearest England and Wales equivalent (where relevant) and...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 8th Apr
tag iconScottish Law
Practice notes

Commercial property service charge disputes—Scotland

Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice and procedure have been introduced, which affect...
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Produced in partnership with Gavin Deeprose and Scott Traynor of DLA Piper Scotland LLP 8th Apr
tag iconScottish Law
Practice notes

Scotland: the process for applying for sequestration

For the impact of Brexit on Scottish procedures, see Practice Note: Table showing impact of Brexit on jurisdiction to commence...
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Produced in partnership with James Lloyd of Harper Macleod LLP 22nd Mar
tag iconScottish Law
Practice notes

Coronavirus (COVID-19)—property in Scotland

This Practice Note introduces the key implications that property practitioners in Scotland should consider in relation to the coronavirus pandemic,...
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19th Mar
tag iconScottish Law tag iconCOVID-19
Practice notes

Scotland: gratuitous alienations by individual debtors

For any insolvency process to operate effectively, it is essential the person appointed to wind-up the insolvent estate has powers that enable them to...
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Produced in partnership with James Lloyd of Harper Macleod 9th Mar
tag iconScottish Law
Practice notes

Scotland: dealing with the debtor's home in sequestration

In the majority of sequestrations where the debtor has assets these will include the debtor's home (see Practice Note: Scotland: the process for...
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Produced in partnership with James Lloyd of Harper Macleod LLP 9th Mar
tag iconScottish Law
Practice notes

Inhibition in Scottish civil litigation

This Practice Note considers the position in Scotland. For guidance on:•other forms of diligence in Scottish civil procedure, see Practice Note:...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 9th Mar
tag iconScottish Law
Practice notes

Pre-action requirements in Scottish civil litigation

This Practice Note considers pre-action conduct in general civil disputes in Scotland. For guidance on:•pre-action conduct in Scottish personal injury...
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Produced in partnership with Euan McSherry of Aberdein Considine 9th Mar
tag iconScottish Law
Practice notes

First Tier Tribunal for Scotland (housing and property chamber)

Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice and procedure have been introduced, which affect...
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Produced in partnership with Fiona Cameron of Gillespie Macandrew LLP 9th Mar
tag iconScottish Law
Practice notes

Property disputes in Scotland (delictual and statutory)

STOP PRESS: The Prescription (Scotland) Act 2018 (P(S)A 2018) received Royal Assent on the 18 December 2018 and will be effective from a date still to...
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Produced in partnership with Alistair Drummond and Louise Reid of DLA Piper Scotland LLP 9th Mar
tag iconScottish Law
Practice notes

Disputes in assignation and subletting leases in Scotland

Assignation and sublettingAssignation and subletting are two options which a tenant may use to introduce a new tenant into the lease arrangement. The...
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Produced in partnership with Rebecca Roberts of DLA Piper Scotland LLP 9th Mar
tag iconScottish Law

Popular documents

What is practical completion?

What is practical completion?

Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period.As explained below, practical completion is an

A company’s constitution

A company’s constitution

What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of association, and•any resolutions and agreements affecting a company’s constitutionThe CA 2006 definition of 'constitution' is not exhaustive and also

Forum non conveniens—scope and application

Forum non conveniens—scope and application

This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied

The tort of deceit

The tort of deceit

Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the